"Not certified": High Court rules on suspension of NTSA eLogbook rollout

This story has significance for readers across Kenya and beyond.

- Two petitioners filed a High Court challenge against NTSA's eLogbook system, citing constitutional violations over public participation and data privacy

- Justice Patricia Nyaundi Mande declined to certify the application as urgent, allowing NTSA to continue rolling out the digital system

- The court scheduled July 30 for parties to argue conservatory orders, with petitioners required to serve respondents by July 28

Elijah Ntongai is an experienced editor at TUKO.co.ke, with more than four years in financial, business, labour and technology research and reporting. His work provides valuable insights into Kenyan, African, and global trends.

The High Court refused to halt the rollout of the National Transport and Safety Authority's electronic motor vehicle registration certificate, commonly known as the eLogbook, allowing the digital system to remain in operation while a constitutional petition against it proceeds through the courts.

Justice Patricia Nyaundi Mande declined on July 24 to certify the application for conservatory orders as urgent, ruling simply: "The application is not certified urgent."

The judge directed the petitioners to serve all respondents by July 28, with responses due by July 29, and scheduled the matter for mention on July 30, 2026, when parties will argue the conservatory application and receive directions on the main petition.

Who Filed the Petition and What Do They Allege?

The petition was brought by Javan Onyango and Emmanuel Kiplagat, who named NTSA, the Roads and Transport Cabinet Secretary, the Attorney General and the Office of the Data Protection Commissioner as respondents.

The petitioners do not oppose digital transformation of government services in principle. In his supporting affidavit, Onyango states that his challenge is directed "solely at the constitutionality of the process adopted by the Respondents."

Their core argument is that NTSA launched the nationwide programme on June 10, 2026, without conducting genuine public participation as required under Articles 10 and 232 of the Constitution.

To support that claim, the affidavit points to NTSA's own timeline: stakeholder registration closed on May 20, public sensitisation sessions ran from June 2 to June 4, and nationwide implementation began on June 10.

Because the launch date was fixed before stakeholder engagements concluded, the petitioners argue the process amounted to notification rather than meaningful participation capable of influencing the final decision.

Data Privacy and Cybersecurity Concerns

Beyond the procedural objections, the petition raises substantial concerns about how personal data belonging to millions of vehicle owners is being handled.

Onyango states in his affidavit that he was "unable to obtain information demonstrating that the Respondents publicly disclosed the technical safeguards, independent cybersecurity audits, vulnerability assessments, disaster recovery arrangements or comprehensive privacy protection measures underpinning the implementation of the impugned programme."

The petitioners argue that the system's continued operation before these constitutional questions are resolved could leave motorists, buyers, financiers and financial institutions exposed to transactional uncertainty.

What the Petitioners Want the Court to Order

In addition to suspending the rollout, the petitioners are seeking orders to prevent NTSA from introducing any new fees or levies linked to the eLogbook without express legal authority, and to bar the authority from permanently invalidating existing physical logbooks before the petition is determined.

They also want NTSA compelled to disclose documents underpinning the rollout, including public participation reports, cybersecurity audits, Cabinet approvals and data protection impact assessments.

Onyango argued in court documents that "the balance of convenience overwhelmingly favours the preservation of the constitutional status quo pending the determination of this petition."

The eLogbook became the mandatory primary proof of vehicle ownership for all new transactions from June 10, 2026, replacing physical logbooks for future registrations. Vehicle owners can access their digital logbooks at no cost through the eCitizen portal.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.